“Proprietary Estoppel” Can Be Used as a Cause of Action

The following extensive quote relating to the law of Proprietary Estoppel has been excerpted from the reason for judgement of Cowderoy v Sorkos Estate, 77 ETR (3d) 246, which was briefly blogged about on February 7.13 on this website.    P  68  “The modern doctrine… Read more

Parol Evidence Rule Not Permitted To Be Instrument of Fraud

“Parol evidence”‘ that is verbal evidence to show that the written contract was not the true contract,  admitted to prevent a fraud upon a trust. The BC Court of Appeal upheld the finding of a trust in the decision Bradshaw v Stenner 2012 CarswellOnt 1936… Read more

Beware The Words Issue Per Stirpes and Per Capita

Issue per stirpes and per capita should not be used when drafting wills. There seems no end to the ongoing litigation that arises in will interpretation cases due to the coontinued use of the legal terms” issue per stirpes” or “issue per capaita” and other… Read more

“Money and Cash” Interpretted In Will

“Money and Cash” Interpretted In Will The words used in many wills are often ambiguous or capable of different interpretations,which often then results in a court application to determine the meaning of the words used in the will. Such was the case with the use… Read more

Ontario Court Upholds Award Against Losing Party of Over $700,000 in Costs For Frivilous Action

Costs For Frivilous Action The recent Ontario decision involving Smith Estate v Rotstein 2012 CarswellOnt 9064, provides a detailed examination of recent awards for court costs involving lengthy but frivolous action estate litigation fights. Here a sibling engaged in lengthy and complex litigation alledging undue… Read more

Court Inherent Jurisdiction to Protect Those Who Need Protection

 Supreme Court Inherent Jurisdiction to Protect Those Who Cannot Protect Themselves Referring  again to the Kenny Ng case, the wife as committee for the person of Kenny, had decided after seven years of him being in a coma,to remove his life support system. His family applied… Read more

Adverse Inference For Failure to Call Certain Evidence

There are certain cases where it is simply necessary and expected to call a particular witness who might have extensive knowledge as to the facts in question, and failing to do so, will lead the court to draw an adverse inference as to what that… Read more

Interim Injunctions

Interim Injunctions Black’s law dictionary defines “injunction” as a “court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury”. In the Ng life support application blogged about yesterday, the patient’s family applied to the court for an… Read more

Court Rectifies Will By Deleting Words

Court Rectifies Will ( see Blog Dated March 24,2014 for the WESA update on the courts expanded powers to interpret wills) Verity Estate v Fedorek 2012 BCSC 650 involves a successful application brought by the executor of the deceased to rectify the last will of… Read more

Production of Previous Wills File Refused Due to Solicitor Client Privilege

Solicitor Client Privilege Wood v Wilkie and Millican 2012 BCSC 1120 involve an application for production of the will file of the solicitor who prepared the deceased previous will in 2008, that was subsequently replaced by a will, in contention, in 2009 the defendant opposes… Read more

Murderer Allowed to Collect Insurance Proceeds of Victim Due to Insanity

The Ontario Court of Appeal decision of Dhingral v Dingral Estate 2012 ONCA 261 departs from the long-term legal adage that  for reasons of public policy, a criminal may not benefit from his or her own crime. In 1998, the husband ( appellant) took out a group… Read more

Precatory Words Are Not Binding In Wills and Trusts

  In the law of wills and trusts, precatory words have been defined as words of wish, hope, desire or entreaty accompanying a gift, that the done will dispose of property in some particular way, which may show that a trust was intended.” [At para…. Read more

“Where There Is a Will, I Want To Be In It”- But Can I Say No?

“Where there is a will, I want to be in it” is one of the great   PARAPROSDOKIAN in the English language. A PARAPROSDOKIAN is a figure of speech in which the latter part of a sentence or phrase is surprising or unexpected in a way that… Read more

“Reading of the Will” Only takes Place in Movies and Cartoons

We have all seen movies, television shows, and cartoons that depict anxiety ridden prospective beneficiaries typically gathered in a dark paneled lawyer’s office for the so-called “reading of the will”, usually by the lawyer. In 38 years of practice, disinherited.com has  done this once, and only… Read more

S 20 Patients Property Act Creates Rebuttable Presumption re “Gifts”

Patients Property Act The decision Sutherland, committee of the Estate of Fountain v Dorland and Rendell 2012 BCSC 615, which disinherited.com blogged about yesterday, also contained  an additional issue relating to section 20 of the Patient’s Property Act, which says as follows: 20. Every gift… Read more